Disability Q&Apermalink
Failed ESA medical - Any tips?
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Sorry if this is in the wrong place!
I have suffered with M.E. for quite a few years and although I was nearly recovered at one stage I relapsed back into my illness after going back to work, which is where I am now. I also suffer from a mixed depression/anxiety disorder for which I am medicated and also seeing a specialist.
To cut a long story short, I have just failed my ESA medical. 0 points. Knew from the second I left that I had. The interviewer asked me nothing about my depression and was judging me the entire way through it. I want to appeal.
Question is, how likely is it that I will win the appeal? I have a very good letter from my councellor and will be getting one from my doctor (at a lovely charge of £25 no less) plus a sick note so I can continue the benefit. Once I have those I will send it off with the appeals form. Would that honestly be enough? Has anyone any tips on what else I could do to help my case?
I'm scared to death of relapsing back into my illness by being pushed into work too early again. I've been working so hard to get better again, I don't think I could honestly do it again if I got sick a third time. I don't have that strength anymore. -
Posted by STRANGELY STRANGE ( A brain on a spring ) (U2496023) on Friday, 13th November 2009 permalink
Until someone more knowledgable posts, contact a local disabilities advice center or CAB immediately for moral support and good advice as will need it. Also read threads here and in OuchTalk! section.
This is a reply to this message.
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Dont worry, appeal !
The reason I am saying this is that a huge number of people fail as the test is a test of physical capability, not of illness.
At the appeal you have to state that work would increase your illness, and that you are too ill to work.
The actual definition is what we sometimes refer to as the third criteria, that work would make you ill, in short. The actual phrase is in the "essential links to help and Advice" thread here in Q&A, or available when you work through the ESA questions on the site benefitsandwork.
Links are in the thread.
Hope this helps
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I have heard from a friend that automatic refusals are the norm at the moment, that there is much meeting of the targets, rather than fair assessment at the medical. The local CAB here is inundated with appeals - don't be put off, many people in same boat.
If you're not well enough to work at the moment, then the way to go is appeal, and to focus on not pushing yourself before you are ready. Even part time work has to be considered carefully - I am mid relapse just now. I am focussing on getting as much support as possible, and not being intimidated by the opinions of medics who sum up situations without checking all the facts.
It can be very difficult to explain in a medical why you are not able to work as the questions are biased in certain directions. None of them truly assess the affect work would have on your health - I am saddened by the system as it focuses on making people jump through hoops to get benefits, and is not geared up to tailoring jobs around abilities.This is a reply to this message.
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We sent in the appeal earlier this week and today our MP got back to us wanting more details of my OHs claim, ESA isnt fit for purpous when someone with stage 4 kidney failure and a suspected endocrine tumour can be found fit for work.
Fight and remember to say on your appeal that you want to stay on ESA assessment rate until your appeal is heard, someone here has been refused the right to appeal so they are appealing there appeal!
ddThis is a reply to this message.
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Alerting your MP is a good idea.
Even if its just to register your disgust at the ESA system.
Hope your MP takes it all the way DD. It would be great to have an MP challenge this with your OH's case. What a great result for Ouchers that would be.
Fingers crossed your MP can effect a change primarily for your OH, but obviously for others too
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I am impressed at the speed our MP replied to us, 3 days is a lot quicker than I was expecting so maybe he can help, if he meets my OH he will see just how ill he is, I just cant understand how anyone can say someone as ill as he is can go back to work.
Ive replied to our MP and given him the information he asked for and more information about kidney failure, the tumour is so rare its impossible to find general information on it, just 2 accounts of other peoples fight against them.
Our MP is retireing at the next election, nothing to do with expenses, he anounced it after the last election that he wouldnt stand again due to his age and it would be nice if he chose ESA as his swansong and gave us all hope that we will be ok and stop us worrying so much about it.
ddThis is a reply to this message.
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You need to appeal and you will automatically keep receiving the £64.30, if you check out my post on this thread you can get the draft letter and further down there is a link to the points structure -www.bbc.co.uk/ouch/m...
If thats all too much work then please get in touch with the CABThis is a reply to this message.
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Thank you so much to everyone who replied -- it was all very helpful. I will be going to the CAB on Monday if I can. I have also amended my letter and should get all this sent off by next week.
Good luck with your appeal DD. I just assumed it is because my illnesses are 'controversial' (in the Daily Mail sense, anyway) and that I look well that I failed. It's amazing to see that even people who obviously seriously ill are being failed.This is a reply to this message.
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Hi again guys.
Just been to the doctor. Unfortunately my regular one has left for good and I had to see another one that doesn't seem to really like me. The practice received a letter about me stating not to issue any more sick notes and when I asked for one he refused. I also asked for a letter about my conditions and he said that all he could do was list my conditions and when I was diagnosed. He said I should see a GP that I know but the one I know has gone!
I don't see a specialist about the M.E. as I know there is so few places and as I had been on a course before I knew what to do to get better. I didn't see the point in wasting the resources someone else could benefit from. Now I know this has worked against me as I am not only not believed by my doctor but now I have no alternate route of support.
My benefits stop this month and I have no idea what to do. They ask for sick notes and they write letters to my doctor telling them not to give them to me. I'm completely stuck.This is a reply to this message.
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Ask for a copy of your medical notes. I got a copy of the last five years for £10.
It had stuff in there I didn't know about, such as the actual severity of my knee condition and that I had spondylolisthesis.
It also had letters from the hospital etc, which I am going to use in my DLA appeal.
Every little helps, and knowing what they know about you is always a bonus
Or finding out that they dont know about you at all.
My request took about 4 days, which I thought was good. I dont think they can deny you your notes, though they can ask why you want them.
I told them that it would be easier than trying to remember everything when I went to see my private doctor, who is also a specialist in ME/CFS/FMS.
(Professor Davies, Guys, Bristol and Oxford if you want to google him. I know there are a few further north that other ME ouchers have used.)
Why go to a private doctor? For validation. To get to speak to someone who believes you. To get a doctor on your side.
Yes, its expensive, but a letter from them may be worth to you 100's of times what it cost to see them.
Maybe worth thinking about?This is a reply to this message.
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Thanks for your reply.
I was thinking of contacting my old M.E. specialist and seeing if I could buy a letter from them explaining my treatment and the rates of relapse of my illness.
I'm not sure I would be able to afford a private doctor at the moment, though. I'm literally spending all my money on living. I have about £3 until thursday. Even £25 from the doctor for a private note is going to leave me scraping.
I think I will get a copy of my medical notes though, thanks. No idea you could do that!This is a reply to this message.
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Can you get a sick line for a different condition? If the doc was putting depression on the line then you'd ask for one saying bad back if you also suffered from that.
I'm a bit confused about the dwp telling your doc not to issue more sick lines - they normally only do that when they accept that you are long term sick, do you need a sick line for an appeal?
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The doctor is basically incompetent and has misunderstood the letter than was sent to the practice - basically, it said that I no longer NEED sick notes UNLESS I'M APPEALING (he read it to me). He interpreted this as something like "do not give this patient any sick notes whatsoever as we have deemed them fit for work and they are potentially lying about their illnesses/scamming the system". This same doctor has misdiagnosed the entirety of my immediate family (my mother nearly died because of his misdiagnosis - "stomach bug" instead of Legionnaires'). I understand his concerns to a point but he does not seem to understand the importance of my only income or the fact that these things give you strict periods of time for which to get everything completed.
I did not realise I was seeing this doctor until today (I usually have one of two other doctors). I feel like I have royally messed this up going to him as now he will confuse the other doctors and I will have my benefits stopped or at least held for a couple of weeks while I sort this out (if I ever do).
Sorry, little bit of a rant there!This is a reply to this message.
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I know why you want to rant
I have met docs like him before & I sympathise. I've re read your other posts and think I've worked out that you are sending your appeal letter away this week. Do you know what date your existing sickline runs up to? I ask cos sometimes when I phone DWP they say - send in the appeal letter but we won't need a new sickline until 15/12/09 when this one runs out. As for the doctor - he sounds like my old GP and when I phoned up I always asked for someone other than him - he thought all health problems stemmed from depression - even ingrown toenails!!! If you can get another appt with another doc, also contact your MP and ask if DWP write in plain english cos they have managed to confuse your GP with their patter. Also ask the DWP what they said to the doc cos he has been an ejit about it. Some of the dwp staff are human and are fighting with the useless system they have as well.
As for the timetable you can put in a late appeal as long as you give reasonable reasons for lateness - don't tell them the GP is an ejit I don't think they'd believe you.This is a reply to this message.
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I remember getting the old FB40, or some such numbered form, which was to do with not sending out any more sick notes.
The doctor didn't post it but gave it to me. I opened it and stomped straight back into the surgery in a BLAZING temper.
He had put something like, "Has knee instability and associated mobility problems".
Errr, I think its a bit more than that doc. I made him write about my MH issues, the severity of my knee and all the medications I was on.
Useless. If he had sent that off to them I would have been up shit creek big time.This is a reply to this message.
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My OH was told he was suffering from stress, 2 days later he was admitted to hospital with kidney failure and malignant hypertension, his nephrologist said we should change GPs but there is a fantastic GP that we normally see (he only saw the other doctor because he was so ill and our GP is always booked up).
Any GP who sees a 50ish year old male should at least do basic checks, not say everyone has stress and he should eat more rice and chicken!
ddThis is a reply to this message.
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yes I really sympathise.
Im in a very similar situation to you, most of what you say has been the same for me too, except my meeting was with an incapacity doctor, different one had been put there. ESA has just come out to replace that, Im told, and also that its harder to pass the test. I failed mine too, in fact knew it like you and found the whole experience degrading and violating. I suffer from depression on top of all this and also really struggle with forms, series of questions and tick box mentalities.
I have to go to court unrepresented to fight my case, am on an extremely low income meanwhile etc etc I have a long story too, but
Im thinking of writing to my MP about my case. It seems there are quite a few of us in these positions
I have a friend who suffers from ME and depression too and like myself has also been a victim of domestic violence. I was also diagnosed wit post traumatic stress and fibromyalgia aswell as a couple of other things thrown in and I am NOT a hypochondriac for those with no understanding or sympathy of these things.
I also , like yourself have done a lot of work on my ME myself, both physically and mentally to get my life back. I am now 50, it is not easy. I have lived with stigma, people finger pointing and judging and
a system that just seems to penalise the real needy more and more.
I have often been suicidal too, but am a fighter and survivor so despite it all I really try to be positive and find a way through.
I wish I could offer you a better answer, I think the more support you
get the better, its very hard trying to sort it all out alone, especially when youre trying to recover on top of it all!! It feels like the cards are stacked against people in our situations sometimes, but Im determined to try and get through this and find a positive solution myself. Good luck and all the best!This is a reply to this message.
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Wow another fibromite !
There are flippin loads of us on here now. I remember when there was about 5 of us who had been diagnosed...
Now there are about 10 times that number.
No-one calls anyone a hypochondriac on this board. Ever. Not even inside our heads. Its a nasty term, and we can be a bit sharp sometimes but we would never sink to that level
Welcome to our ever expanding club bloubsalc.This is a reply to this message.
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Wow!
Im feeling a bit better already after having read all these replies. I found the thread/post before realizing and reading about Ouch which Ive just joined so apologies for my ignorance.
What a breath of fresh air you all are! How good it is not to feel islolated, alone and intimidated any more! This websites great! Just been telling my ME friend about it!This is a reply to this message.
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